Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37935 of 2022 Arising Out of PS. Case No.-161 Year-2022 Thana- NAVINAGAR District- Aurangabad ====================================================== Dhiraj Kumar Son Of Dinesh Paswan R/O Village- Futharwa, P.S.- Nabinagar, District- Aurangabad (BIHAR) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Nabinagar P.S. Case No. 161 of 2022 lodged under Sections 25(1-b)a/26 of the I.P.C.

As per the prosecution case, allegation made in the F.I.R. the allegation of robbery is there against named accused persons. Learned counsel for the petitioner submits that petitioner is not apprehended from the place of occurrence. The person who was apprehended from the place of occurrence has disclosed the name of the petitioner. He further submits that nothing was recovered from the petitioner's possession and his

Patna High Court CR. MISC. No.37935 of 2022(2) dt.23-09-2022 2/3 name has figured in this case only and only by the confessional statement of the co-accused. Petitioner's antecedent is clean and he is in custody since 26.05.2022.

Learned counsel for the petitioner submits that the accused who was apprehended by the police as in the said case has been granted bail by the Co-ordinate Bench of this Court in Cr. Misc. 36748 of 2022 order dated 16.09.2022. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned I/C A.C.J.M.-I, Aurangabad (Bihar) in connection with Nabinagar P.S. Case No. 161 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

Patna High Court CR. MISC. No.37935 of 2022(2) dt.23-09-2022 3/3 B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T